Informations
Administratives
22.09.2000
N° 70-2000
INTERINSTITUTIONS, TOUS LIEUX D'AFFECTATION + PENSIONNES
Sommaire  

TRANSFER OF PENSION RIGHTS ACQUIRED UNDER THE VERSORGUNGSANSTALT DES BUNDES UND DER LÄNDER TO THE COMMUNITY SCHEME


I. Transfer of pension rights acquired under the Versorgungsanstalt des Bundes und der Länder (VBL) to the Community scheme pursuant to Article 11(2) and (3) of Annex VIII to the Staff Regulations

  • Officials and temporary staff covered by Article 2(a), (c) or (d) of the Conditions of Employment of Other Servants who enter the service of the European Communities after leaving that of a government administration, a national organisation or a private enterprise or after pursuing an activity in a self-employed capacity and who, by virtue of such service or activity, have acquired pension rights with the VBL are entitled to request the transfer of such rights to the Community pension scheme provided that they have already transferred their pension rights from the main scheme (such as BfA, LVA etc.) or they are having such rights transferred concurrently.

  • Pursuant to the general provisions for giving effect to Article 11(2) of Annex VIII to the Staff Regulations published in Administrative Notices No 789 of 16 April 1993, applications must be made to the relevant Community institution in writing using the attached form.

Expiry of deadlines for transfer applications

  1. In the case of officials:

    Six months from establishment as an official or reinstatement after a period of leave on personal grounds or secondment (see Article 11(3) of Annex VIII to the Staff Regulations);

  2. In the case temporary staff covered by Article 2(a), (c) or (d) of the Conditions of Employment of Other Servants:
    Six months from the date on which Community pension rights are acquired in accordance with the Staff Regulations (see Article 77 of the Staff Regulations).
    Applications must be recorded as received by the administration of the relevant Community institution before the relevant deadline expires. Applications not submitted by the deadline cannot be considered unless late receipt is due to duly established cases of force majeure.

Transitional arrangements

  1. Community officials
    who have not previously been able to exercise their right to transfer pension rights acquired with the VBL because no arrangements to do so existed and whose pension rights acquired under the main scheme (such as BfA, LVA etc.) have been or are being transferred

    must submit applications, in writing, to the administration of the relevant Community institution
    within six months of the date of this notice.

  2. Temporary staff covered by Article 2(a), (c) or (d) of the Conditions of Employment of Other Servants:

    • who have already acquired pension rights under the Community pension scheme in accordance with the Staff Regulations (see Article 77 of the Staff Regulations)
      and who have not previously been able to exercise their right to transfer pension rights acquired with the VBL because no arrangements to do so existed and whose pension rights acquired under the main scheme (such as BfA, LVA etc.) have been or are being transferred
      must submit applications, in writing, , to the administration of the relevant Community institution, within six months of the date of this notice.


    • who pursued an activity in the Communities before the date of this notice and who, in accordance with the Staff Regulations, have not yet acquired pension rights (see Article 77 of the Staff Regulations)
      must submit applications to the administration of the relevant Community institution within six months of the date on which they acquire pension rights under the Community pension scheme in accordance with the Staff Regulations.


  3. Persons entitled under applicants
    Where officials or temporary staff have died died before the date of publication of this notice ordie within six months of that date, these transitional arrangements will apply to those entitled under them.

Important remarks

  1. The fact of submitting an application for transfer of pension rights does not commit applicants to the actual transfer at this stage. Applicants must inform the administration of the relevant Community institution of their final decision only once they have received the proposal regarding the number of years of pensionable service to be credited to them under the Community scheme.
    VBL will first send individual applicants a statement of the amount that can be transferred and the data on which that calculation has been based.

  2. Before submitting any application for transfer of pension rights, staff should bear the following in mind:

      1. In accordance with the Staff Regulations, the maximum pension payable under the Community scheme is equal to 70% of the last basic salary. Transfers of pension rights cannot result in pensions being paid in excess of that ceiling.

      2. Since widows/widowers and orphans are guaranteed a minimum Community pension, transfers of pension rights may not benefit individuals in certain cases. Such persons should accordingly contact the Community administration before taking a final decision to transfer pension rights.

      3. The years of pensionable service credited to applicants under the Community scheme as a result of transfers of pension rights do not count for the purposes of calculating the ten years of service needed for entitlement to a Community pension (see Article 77 of the Staff Regulations).

      4. Only pension rights acquired before applicants enter the service of the European Communities and any rights acquired during periods of leave on personal grounds or secondment may be transferred. Contributions paid into the VBL scheme after applicants enter the service of the European Communities will be dealt with under the applicable national law.

      5. Where more than one person is entitled to a pension under an applicant, applications will not be considered unless they are duly signed and dated by all those entitled.

      6. Applications cannot be withdrawn once the applicant has accepted in writing the Community administration's proposal regarding the number of pensionable years of service to be credited to him.

      7. Applications already sent to the administration in any form must be resubmitted using the attached form by the deadlines given under I.


    USEFUL TELEPHONE NUMBERS


    1. COMMISSION

    ADMIN.B.6. Transfer of Pensions Section,
    Brussels L86-02/03


      Mr Braun - Tel. (02)296.78.91
      Mr Dammekens - Tel. (02)299.17.19
      Ms Godart - Tel. (02)295.97.14


    2. COUNCIL

    Directorate for Personnel and Administration
    Pensions Department, Brussels L175-0370.FK.50


      Ms Campos - Tel. (02)285.72.81
      Mr Pourbaix - Tel. (02)285.66.68


    3. ECONOMIC AND SOCIAL COMMITTEE/COMMITTEE OF THE REGIONS

    Economic and Social Committee

    Directorate for Administration, Personnel and Finance Recruitment and Personnel Management Division
    Brussels, 2 Rue Ravenstein


      Mr Alexopoulos - Tel. (02)546.93.70
      Mr Lux - Tel. (02)546.90.26

    Committee of the Regions
    Personnel Division
    Brussels, 79 Rue Belliard


      Ms Romani - Tel. (02)282.22.07


    4. PARLIAMENT

    Staff Pensions Service
    Luxembourg KAD 3B018


      Ms Cruz Dias - Tel. (352)4300.24193
      Mr Wesselink - Tel. (352)4300.22491


    5. COURT OF JUSTICE

    Personnel Division
    Section B: Rights under the Staff Regulations, Welfare and Pensions
    Bd. K. Adenauer 100, Kirchberg, Luxembourg


      Ms Wagner - Tel. (352)4303.3666
      Ms Schindlbeck - Tel. (352)4303.3665


    6. COURT OF AUDITORS

    Personnel Division
    12, rue A. De Gasperi, Kirchberg, Luxembourg


      Ms ZIMMER - tél.(352)4398.45339
      Ms Hay - Tel. (352)4398.45627
      Mr Apel - Tel. (352)4398.45635




    Sommaire  
    Auteur : Pensions et relations avec les anciens
    Editeur : Personnel et Administration
    Direction C : Ateliers de reproduction

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